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PART II.

CHAP. III.

Confidered in respect to their origin, they may be termed naSECT. IV. tural and artificial; or, in terms perhaps lefs apt to be mistaken, original and adventitious.

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Perfonal rights fubfift in the perfon, and relate to the conftituents of his nature and frame. Such are the limbs and of the body, and the faculties of the mind, with the uses of both, Such is life itself, freedom of innocent action, and enjoyment of what, without injury to another, is fairly occupied.

Perfons are distingished in the terms of law under the names of perfons natural and perfons artificial. The individual is a perfon natural; corporations, ftates, or any plurality of men acting collectively, or under any common direction, are persons artificial.

In perfons of the latter defcription, political forms, and the conftituent members of the body politic, analogous to the frame and organic parts of the natural body, may be confidered as matter of personal right to the community.

Rights real fubfift in things feparate from the perfon, provided they may become fubjects of exclufive or incompatible use. Such is the right which a person obtains to the clothes with which he is covered, or to the ground or other subject which he has fairly poffeffed.

Real rights, or the right to things, may be referred to three principal heads: Poffeffion,-Property,—and Command.

CHAP. III.

The right of poffeffion fubfifts only fo long as the thing is in PART II. actual use, and may therefore be tranfient or fubject to intermif- SECT. IV. fion.

The right of property is exclufive, and continues even during the intermiffions of actual use ; it continues therefore until it has ceafed with consent of the proprietor.

The right to command refpects the fervices or the obedience fuppofed due from one perfon to another.

Rights confidered in respect to their fource, being original or adventitious, it is of moment with respect to the first to specify their subject; and with respect to the second, to ascertain the titles on which they are founded.

SECTION

SECTION V.

Of Rights Original.

CHAP. III.

PART II. THE fubjects of original right, being coeval with man, must SECT. V. be limited to the constituents of his nature, or the common appurtenances of his kind.

Original rights are therefore perfonal, and express what every one from his birth is entitled to defend in himself, and what no one has a right to invade in another.

These rights may be modified by alienation or confent; but, prior to convention of any fort, remain entire, and in one perfon exactly correspond to those of another.

The existence of every fuch right is felf-evident : It may be overlooked from inadvertency or defign, but being once stated cannot be controverted,

PART II.

CHAP. III.

Mr Hobbes in laying the foundation of his system appears to have overlooked the original rights of the perfon: But if they had SECT. V. been stated to him, or if he had been asked, whether every per fon in his fuppofed state of nature had not a right to preserve himself? or whether any perfon had a right to destroy his innocent neighbour? it is difficult to conceive, that a perfon, who acknowledges the obligation of one man to keep faith with another, should not acknowledge also his obligation to abstain from any harm to his perfon.

SECTION

SECTION VI.

Of Rights Adventitious.

CHAP. III.

PART II. IN the term adventitious is implied a preceding period of existSECT.VI. ence, however short, in which the thing adventitious was yet future; a time in which it began to be, and a subsequent period of its continuance.

In the first period of man's existence, he had his original rights; in a fecond period those rights may be modified by his own confent, or new rights accrue to him from fome act of his own, or the voluntary deed of fome other perfon concerned.

Original rights are recognised upon being merely stated; adventitious rights require to be fupported by evidence, in which the manner of their acquifition is to be cited and confidered.

When a perfon lays claim to the exclufive use of any subject, or requires the fervice and obedience of other men, he may

be

asked,

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